Thursday, June 25, 1998 Last modified at 4:27 a.m. on Thursday, June 25, 1998

Congress delays transplant regulation

WASHINGTON (AP) - The network that runs the nation's transplant system chalked up a victory this week in its battle with the Department of Health and Human Services over organ allocation policy.

A controversial regulation that would require organs to go to the sickest patients first would not take effect until November 1999 under language inserted into the HHS spending bill by a House subcommittee.

Meanwhile, HHS and transplant officials say they are trying to work out a compromise on their own.

The spending bill also hobbles another HHS regulation meant to increase organ donation by requiring hospitals to report all deaths to local organ procurement organizations.

About one-third of families of potential donors are never asked about donation under the current system.

This rule, which became final last week, was opposed by hospitals. But it was not as controversial, and some HHS officials were caught off guard by the House action. The spending bill says no HHS money may be used to implement the donation rule.

Action on the broader, more controversial, allocation regulation was not a surprise. The United Network for Organ Sharing, which runs the nation's transplant system under an HHS contract, opposes the department's attempt to set its policies and more closely control its operations.